The Insolvency (England and Wales) Rules 2016 No. 1024

PART 14 E+W CLAIMS BY AND DISTRIBUTIONS TO CREDITORS IN [F1 A MORATORIUM,] ADMINISTRATION, WINDING UP AND BANKRUPTCY

Textual Amendments

F1 Words in Pt. 14 heading inserted (1.10.2021) by The Insolvency (England and Wales) (No.2) (Amendment) Rules 2021 (S.I. 2021/1028), rules 1, 52 (with rules 4, 5)

CHAPTER 2 E+W Creditors' claims in [F2 a moratorium,] administration, winding up and bankruptcy

Textual Amendments

F2 Words in Pt. 14 Ch. 2 heading inserted (1.10.2021) by The Insolvency (England and Wales) (No.2) (Amendment) Rules 2021 (S.I. 2021/1028), rules 1, 54 (with rules 4, 5)

Proving a debt E+W

14.3.—(1) A creditor wishing to recover a debt must submit a proof to the office-holder unless—

(a) this rule or an order of the court provides otherwise; or

(b) it is a members' voluntary winding up in which case the creditor is not required to submit a proof unless the liquidator requires one to be submitted.

(2) A creditor is deemed to have proved—

(a) in a winding up immediately preceded by an administration, where the creditor has already proved in the administration; or

(b) in an administration immediately preceded by a winding up, where the creditor has already proved in the winding up.

(3) A creditor is deemed to have proved for the purposes of determination and payment of a dividend but not otherwise where—

(a) the debt is a small debt;

(b) a notice has been delivered to the creditor of intention to declare a dividend or make a distribution under rule 14.29 which complies with rule 14.31 (further contents of notice to creditors owed small debts); and

(c) the creditor has not advised the office-holder that the debt is incorrect or not owed in response to the notice.

Modifications etc. (not altering text)

C1 Rules 14.1-14.24 applied (with modifications) (19.3.2024) by The Water Industry (Special Administration) (England and Wales) Rules 2024 (S.I. 2024/229), rules 1, 5, 86-103, Sch. (with rule 2(2))